Abstract

This paper considers social assistance rendered to indigent persons in various forms in Botswana. It considers and explores the role of Legal Aid Botswana and that played by the University of Botswana Legal Clinic. Although the role of the Legal Aid Botswana is significant and extensive in coverage, it has a limitation in that it does not generally cover criminal matters. An attempt is made in the paper to explore other methods of assistance to indigent clients. The role of Non Governmental organisations is also explored. Legal Aid programmes linked to University law clinic in South Africa are considered for comparative purposes.

Highlights

  • This paper considers social assistance rendered to indigent persons in various forms in Botswana

  • Legal Aid programmes linked to University law clinic in South Africa are considered for comparative purposes

  • An attempt is made in this paper to explore other methods by which indigent persons may be assisted which include the Judicare System, Salaried employees system and the part played by Non Governmental Organisations in the country

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Summary

Legal Aid in Botswana

Legal Aid denotes a situation where indigent persons are provided with legal aid for free. It is a means of providing legal services to persons who are unable to pay fees for legal services (Olivier et al, 1999) It is a form of social assistance. It is a safety net for those who support in terms of the system, in general is insufficient (Olivier et al, 1999). In the past legal aid was generally provided by attorneys to indigent persons as a contribution on their part towards the charitable service to the community. Other methods of assistance include the Small Claims Court, the ProDeo System and Informa Pauperis Proceedings These methods ensure that some form of assistance whether means tested or not would in one way or another be available to an indigent person. The objective of social assistance is to alleviate poverty through amongst other things, the provision of minimum income support or assistance in kind

Bill of Fundamental Rights and Freedoms of the Individual
Legal Aid Botswana
The Legal Clinic and Dual Role
State Funded Judicare System
State Funded Public Defender Programmes in South Africa
Legal Aid Board University Law Clinics
Independent University Law Clinics
Non-Governmental Organisations and Legal Aid
Small Claims Court
Pro Deo or Pro Bono Legal Aid
Conclusion
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